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The problem of quitting online games

First of all, the questions raised

"Stop serving" means shutting down the server, which means that online game companies stop operating online games. As an audio-visual work, online games are different from movies or TV series. Once they are created and published, they can be watched for a long time. Online games will stop service and operation. This paper mainly discusses IAP online games as an example. Generally, the operation period is as short as several months and as long as three to five years, and some data may be tested and then the operation may be terminated. It is very important to deal with user-related matters after the operation is terminated, such as the termination notification procedure, the amount that the user has recharged but not consumed, and how to deal with the unexpired services and virtual equipment in the user's game. What are the current industry practices, legal provisions and judicial practice? How to operate the drug withdrawal treatment can reduce the risk. This paper will make a preliminary discussion on the related problems of drug withdrawal.

Second, the user's in-game rights processing practice

Official website, Tencent, Netease and other representative game companies have already inquired. Generally, when a game stops, the game company will announce the game stop more than 60 days in advance. The announcement mainly includes the time to stop recharging, the time to close the server, the disposal plan of the assets in the user's existing account after stopping the service, and the consequences of not handling. For example, Tencent's notice of suspension of service for the game "Riding Every Day" clarified the deletion time of all contents in the game, the compensation scheme for unexpired services and unconsumed virtual currency, the participation period of compensation activities and the consequences of not participating at maturity. Most compensation schemes provide gift packages for other games operated by game companies, and the value of gift packages is generally equal to or slightly greater than the remaining amount of unconsumed virtual currency in the account. For example, if the game diamond 0- 100 is "riding every day", you can get a gift package worth 10Q coins, while 100 diamond = 10Q coins.

(Figure 1: Announcement of Daily Shuttle Service)

Fig. 2: Compensation scheme for daily speeding stop service)

This treatment may cause controversy, including: 1, most of the compensation for stopping taking clothes, mainly for the virtual coins that have not been consumed in the game, and the props that have not expired have been purchased, and will not be exchanged for the gift package at a price; 2. Gift packages are generally gift packages for specific games provided. What if the user doesn't want to play games and asks for a refund? Generally speaking, the time limit for participating in compensation is the time limit for stopping receiving services. How to deal with users who have not redeemed or paid attention to the information of stopping service during the redemption period? If this causes disputes, what will happen?

Three. Provisions of laws, regulations and agreements

(a) the provisions of laws and regulations

The game company's above-mentioned suspension of service is based on the Notice of the Ministry of Culture and the Ministry of Commerce on Strengthening the Management of Virtual Money for Online Games (hereinafter referred to as the Notice), in which (11) it is stipulated that online game operators who plan to stop providing their products and services must make an announcement 60 days in advance. When the service is terminated, the online game operation enterprise must return the virtual currency purchased but not used by the user to the user in legal tender or other ways acceptable to the user. Moreover, Article 22 of the Interim Measures for the Management of Online Games (hereinafter referred to as the "Measures"), which has been abolished but is the core basis for the supervision of online games, stipulates that online game operators should make an announcement 60 days in advance when they terminate the operation of online games. Online game virtual currency and game services not used by online game users shall be returned to users in legal tender or other ways acceptable to users in proportion when they purchase them.

Both the Notice and the Measures stipulate that the suspension of service should be announced 60 days in advance and the assets in the user's account should be disposed of, but there are subtle differences between them. The Notice requires the disposal of purchased but unused virtual currency, and the Measures require the disposal of unused virtual currency and unexpired game services. According to the Measures, online game virtual currency refers to a virtual exchange tool issued by online game business units, which is purchased directly or indirectly by online game users using legal tender according to a certain proportion, exists outside the game program, is stored in the server by electromagnetic recording, and is represented by a specific digital unit. The issuance and trading of online game virtual currency has related filing and supervision requirements, and has its own defining characteristics, which are different from game currency, game props and services. Then, in the compensation for withdrawal, the definition of virtual currency is particularly important. According to the relevant contents of the "Guidelines for the Supervision and Enforcement of Virtual Currency in Online Games", the virtual currency in online games such as Tencent Q Coin and Netease Point has the following differences from the virtual track.

The difference between virtual currency and virtual props (game currency) in online games

Above all, it has a great influence on game companies whether to compensate with virtual currency or with virtual currency and services when stopping taking the service. Even within the validity period of the Measures, in practice, the compensation for game companies to stop taking services is mostly based on the principle of virtual currency. According to the above differences, we need to discuss in detail whether there is virtual currency in different games from the perspective of laws and regulations, but in actual operation, even if it is in the game program but has the function of exchanging props, it is mostly regarded as virtual currency by game companies and included in the scope of compensation. At this stage, since the Measures have expired and the competent department of online games is the version department under the propaganda of the central government, the above regulatory requirements can be used as a reference in actual treatment, and the follow-up regulatory policies of the version department on online games should be paid close attention to at any time.

(2) By mutual consent.

Four. Relevant judicial practice

In the case of the dispute between Zhang Jianfu and the defendant Perfect World Holding Group Co., Ltd. (hereinafter referred to as "Perfect Company") [(20 18) Jing 0 105 Minchu No.5339), Zhang Jianfu was a player of the mobile phone game saint seiya operated by the defendant, and the plaintiff claimed that the defendant was 2065438+26538 in September 2006. However, on June 29th, 20 16, it was announced that the server would not be closed, and a series of new services were opened and a series of activities to induce recharge were released one after another to stimulate players to recharge a lot. The court found that the defendant issued five new service announcements on September 20 16. In this case, the plaintiff accumulated a total of 6749 yuan, and the amount was not consumed. The court held that the money and labor paid by the plaintiff made the network virtual property become game property, and the defendant stopped serving and infringed the plaintiff's legitimate property rights and interests, and should compensate the corresponding losses. For unexpired services and unused virtual currency, the court may compensate at its discretion (20%). In the dispute case between Zhang Chuan and Perfect World Holding Group Co., Ltd. [(20 19) J.03 Zhong Min Di 10739], the case was basically the same as that of Zhang Jianfu. The court of first instance ruled that the compensation supported 20% of the plaintiff's recharge amount, and the court of second instance upheld the original judgment.

In the dispute case of network service contract between Zhao and Anhui Sanqi Network Technology Co., Ltd. (hereinafter referred to as "Sanqi Company") [(202 1) Guangdong 0 1 Minzhong No.3985], Zhao, as a user of the game "Shacheng Hegemony" operated by Sanqi Company, sued for stopping the service. Regarding whether the suspension of service of Sanqi Company constitutes a breach of contract, the court of first instance held that the two parties did not agree on the service period and should be regarded as an indefinite service contract. Based on the principle of fairness, either party can terminate the contract after giving prior notice, so Sanqi Company does not constitute a breach of contract in this case. Regarding compensation, the court of first instance held that the game service enjoyed by the plaintiff Zhao was regarded as the defendant's fulfillment of the consideration, and this part of the contract had been fulfilled, so there was no need to return it, and the remaining unconsumed amount should be returned. After the first trial, the defendant Sanqi Company appealed and the Guangzhou Intermediate People's Court upheld the first-instance judgment.

In the case of contract dispute between Xiao Longmeng and Hunan Magic Interactive Network Technology Co., Ltd. (hereinafter referred to as Magic Interactive Company) [(20 19) Gan 0 1 No.482, (2020) Gan No.456], Xiao Longmeng was a game user operated by Magic Interactive Company and stopped serving the plaintiff * *. Regarding compensation, the court of first instance held that Xiao Longmeng accepted the game service and enjoyed the game. The amount of the service he has purchased does not need to be refunded, but only the amount that has been recharged but not used for the game service. Virtual property in the game may have economic value under certain game environment and technical conditions. When the game is terminated or the user cancels, the virtual property will be destroyed, and the account, role and virtual equipment created by Xiaolong Dream will no longer have economic benefits. The retrial court held that the game equipment is only a simulated property in the virtual network, and its essence is to serve the game. After the game is closed, it loses its value and does not belong to the unexpired game service. Regarding the breach of contract, the retrial court held that Xiao Longmeng accepted the game service provided by the game operator and enjoyed the fun of the game. The purpose of the contract has been achieved, and it cannot be considered that the suspension of service by Hunan Shenqi Company and Jiangxi Shenqi Company constitutes a breach of contract.

To sum up, among the disputes related to online game suspension, the focus of the dispute mainly lies in: 1 Whether the game company's suspension of service constitutes a breach of contract; 2 plaintiff's loss confirmation and compensation. Controversy focus 1. Users signed relevant user agreements with the game company when registering the game. Because it is impossible to accurately determine the operation cycle of the game, the user agreement basically has no agreed period. The court generally thinks that it is an indefinite contract, and the game company has fulfilled the obligation of advance notice, which should not be regarded as a breach of contract. Controversy focus 2: There is little controversy that the specific services and props purchased in the game have been recharged but not exchanged, and most people think that they should be returned. The users of this part of the money did not enjoy the services provided by the game company, which belongs to the unfulfilled part; The controversy lies in whether the virtual items such as props in the game are recharged, and how much they are recharged after enjoying the game service. Some courts believe that users exchanged services, played games and enjoyed the fun of the game, that is, the game company provided game services. One of the reasons for this controversy is that users think that game companies can continue to enjoy game services if they don't stop their services, while the Measures require that unexpired services be returned in proportion. For this dispute, this paper believes that it should not be returned under normal circumstances. First, the user agreements of some game companies make it clear that the validity period of the purchased related virtual goods will expire through bold and other significant tips; Second, a large number of virtual objects in online games are not clearly defined. If there is no clear stipulation, it will be regarded as permanent, and the game company will compensate in proportion if it stops taking it, which is not in line with the principle of fairness. The unexpired service here should be interpreted as a service purchased in the time dimension. For example, World of Warcraft, 30 days, 90 days, 180 days have different prices, or buy members.

Fifth, stop accepting suggestions.

Combined with laws and regulations, judicial cases, past practice, etc. In order to reduce the risk of disputes during the suspension of the competition, the following suggestions are put forward:

1. user agreement: the service period of the game is uncertain, and the rights and obligations between the user and the game company are mainly realized through the user agreement signed by both parties. It is suggested that the game company clearly stipulate the service period of virtual goods in the user agreement (such as the relevant agreement in Netease's user agreement), the right of the game company to stop serving, notification processing, objection period, etc.

2. Arrangement of activities before stopping the service: Under normal circumstances, the decision of the game company to stop the service is not a whim, but a comprehensive decision based on the life cycle, retention, activity, payment and input-output ratio of the game. The relevant plan has been made for at least half a year. In order to avoid giving users the impression of malicious bonus hunter, it is suggested not to carry out large-scale user recharge activities before announcing the suspension of service, otherwise it may lead to users' emotional dissatisfaction, constant complaints and even lawsuits. For example, in the case of Zhang Jianfu v. Perfect Company, many users sued and a large number of users complained, which led the company to update the compensation announcement, and all the recharge money was refunded in September, and the respondent fees and the loss of public opinion image were also paid.

3. Notice time and method of stopping service: Before the introduction of new game-related laws and regulations, it is recommended to continue to give notice 60 days in advance, which is also in line with the requirements of China's civil code on indefinite contract termination notice and reduces the possibility of breach of contract. The notification methods should be diversified to achieve the effect of actually reaching the other party, such as official website, in-game pop-up window, SMS, email and so on. To ensure that users receive notification and reduce the possibility of complaints after users stop using the service. If conditions permit, the notification can be made again before the expiration of the notification period, and the notification obligation can be fulfilled to the extreme.

4. Notice content: The notice content should refer to the requirements of the Measures and the Notice, with complete content and clear expression. Compensation activities should be described in detail with clear operating instructions to avoid users' understanding and high operating costs. In addition to notification, it is suggested to have specific contact information and feedback channels to provide smooth channels for some users with special needs. If conditions permit, it is suggested that the notice of stopping service should be reviewed by the company's legal department, GR and PR, giving advice from a professional perspective, improving the operation method and making a risk handling plan in advance.

Game pause is something that every game company and every gamer has to face. If handled properly, a win-win situation can be achieved. The end of a game journey is also an opportunity for another game to become attached. Through case search, we can see that the amount of litigation caused by the suspension of game sales is not large, and several cases of Perfect Company are caused by the suspension of the same game on the same issue. In view of this, in the process of stopping the game, if the user agreement is agreed in advance, and the notice of stopping the game and the user compensation arrangement are properly handled, the possibility of disputes can be reduced. For the game company, if there is a dispute, it should be comprehensively analyzed from the perspectives of the right to terminate the contract, the performance of the contract and the actual loss, so as to consolidate the evidence and actively respond to the lawsuit.